Terms of Service

Version: September 7, 2025

Welcome to Tontaube! The following Terms of Service (hereinafter “ToS”) govern your use of our AI-based text-to-audio services.

Please read these ToS carefully. They govern the contractual relationship between Cremer & Cremer Technologies UG (haftungsbeschränkt) (hereinafter “Provider,” “we,” or “us”) and the registered user or users (hereinafter individually “User,” collectively “Users”) with respect to all contracts concluded via the platform. Deviating terms and conditions of the Users shall not apply unless we have expressly agreed to their validity in writing. By registering or first using the app, you acknowledge these ToS as binding.

Our services are directed at users worldwide. These ToS and any legal relationships in connection with the use of our services shall be governed by the laws of Germany, excluding its conflict of law provisions. If you are a consumer, this choice of law shall not affect the mandatory consumer protection provisions of the country in which you have your habitual residence.

Contact Details: Cremer & Cremer Technologies UG (haftungsbeschränkt), Herderstraße 22, 12163 Berlin, Germany, Local Court of Charlottenburg, HRB 27354 B
VAT Identification Number: DE 452478435
Email: support@craitech.io

These ToS are identified by the version number 1.1.

Definitions

For the purposes of these ToS:

“Platform” – the mobile and web-based application provided by us.

“Public Texts” – public domain or otherwise licence-free texts that the Provider makes available for conversion.

“User Content” – texts or other content provided by the User.

“Private Audio” – audio files generated from User Content exclusively for the private use of the respective User.

“Public Audio” – audio files generated from Public Texts and made available to the general public.

“Shared Content” – Comprises “User Content” (text) and the “Private Audio” generated from it, which a User willingly and actively makes available for other users to read and/or stream via the Platform.

“Credits” – virtual units that Users can use to pay for individual conversions or other paid services.

“Input” – all texts, audio files, PDFs, or similar files that a User uploads or inserts into the services, excluding any Voice Samples.

“Output” – the audio files, texts, or EPUB files generated from the respective Input using our AI or TTS systems.

“Voice Sample” – a short recording of human speech (up to 30 seconds) provided by the User solely to create a synthetic voice resembling the recorded speaker.

“Cloned Voice” – the synthetic voice profile derived from a Voice Sample and usable within the services to generate audio Output.

These ToS may be provided in German and English. In case of discrepancies, the German version shall prevail. References to German statutes are cited in English with their common abbreviation. On first occurrence in these ToS, the full German title Bürgerliches Gesetzbuch (German Civil Code, BGB) may be added for clarity.

1. Scope of Application

1.1 These ToS apply to all contracts for the paid or unpaid use of the Platform in its most current version.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, is acting in the course of their commercial or self-employed professional activity.

1.4 Use of the Platform is only permitted for persons who have reached the age of 18, or who are at least 16 years old and have the express consent of their legal guardian. The Provider is entitled to request appropriate proof of this.

2. Description of Services

2.1 Public Domain Library

(a) The Platform provides a library of Public Texts; the future inclusion of licence-free works is optional and subject to successful rights clearance.

(b) Users can convert individual sections or entire Public Texts (either in the original language or after a prior AI-powered translation into a language supported by the service) into Public Audio in exchange for previously purchased Credits.

(c) If the User has a streaming subscription, they can stream Public Audio via the app.

(d) The Provider also makes pre-produced Public Audio available.

(e) The User can create personal playlists from their own or shared content.

2.2 Private Text-to-Speech (User Content)

(a) Users can upload User Content to create Private Audio. The rights and obligations applicable to this feature, in particular the licence granted to the User and the rights to the User Content guaranteed by the User, are set forth in Section 5 of these ToS.

(b) To ensure optimal conversion, any Input uploaded by the User (e.g., PDF, text files) undergoes a fully automated, partially AI-based pre-processing stage before audio generation. This process serves to extract, structure, and make texts from various formats readable for our systems. In doing so, the content is internally converted into a standardized format (e.g., EPUB). At the User’s request, this process can also include an AI-based translation.

(c) Private Audio generated from User Content can be downloaded by the User via our app. The granting of the licence to the User for the Private Audio is also set forth in Section 5.

(d) Additionally, Users have the option to release their uploaded User Content and the Private Audio created from it as Shared Content for other users of the Platform. This release is revocable at any time. The associated rights and obligations are set forth in Section 5.

2.3 AI Voices, Translation, and Streaming

(a) Audio generation is fully automated via third-party AI-based speech synthesis services. We may replace these services with functionally equivalent providers at any time. For details on usage rights and obligations, see Section 5.

(b) The User can choose from a variety of different synthetic voices.

(c) The audio can be streamed via players integrated into the Platform.

(d) Users can use our Voice Cloning feature, for which they may upload a short Voice Sample to create a Cloned Voice for use with the services.

2.4 Library for Shared Content

The Provider makes Shared Content available in a separate, searchable library feature. This content can only be streamed or read by users with an active listening subscription and cannot be downloaded. The Provider reserves the right, at its own discretion, not to publish or to remove Shared Content, particularly in cases of legal violations or for quality assurance purposes.

2.5 Updates and System Requirements

(a) During the term of the contract, the Provider will supply necessary security and functionality updates (Sec. 327f German Civil Code (Bürgerliches Gesetzbuch, BGB)).

(b) Use requires a current Android/iOS version and a stable internet connection; the User is responsible for this.

3. Access and User Account

3.1 Registration / Age Requirement

(a) Use of the Platform requires registration. All information provided must be complete and truthful. In particular, the User warrants that they meet the age requirements set out in Section 1.4 of these ToS.

(b) The user account is non-transferable. Access credentials must be kept confidential.

(c) We reserve the right to refuse registrations for good cause or to suspend user accounts.

3.2 Fees and Payment Terms

(a) Fees. Certain features of the Platform (e.g. purchasing Credits or entering into a subscription) are subject to charges. The then-current prices are clearly displayed to the User in the app before completion of the purchase.

(b) Payment processing via store operators. The purchase and payment of all chargeable services take place exclusively through the in-app purchase systems provided by the app store operators (Apple App Store for iOS devices; Google Play Store for Android devices). The User therefore concludes the purchase agreement for digital content directly with the respective store operator. The general terms and/or usage conditions of the store operator apply in addition. Invoicing to the User is likewise carried out by the store operator.

(c) Subscriptions and cancellation. Subscriptions renew automatically for the originally selected term unless the User cancels in due time. Management (including cancellation) of subscriptions is the sole responsibility of the User and is carried out directly in the subscription settings of their personal Apple or Google account.

(d) Refunds and right of withdrawal. As the purchase agreement is concluded directly with the store operator, claims for refunds or the exercise of any statutory right of withdrawal must be asserted by the User directly against the respective store operator (Apple or Google). The applicable conditions and processes are governed exclusively by the rules of the respective store.

(e) Price changes. The Provider reserves the right to change prices for Credits and for the conclusion of new subscriptions at any time. Price changes for subscriptions already in progress are subject to the conditions and technical processes of the respective store operator.

(f) Authoritative Credit balance and display errors. The binding and authoritative Credit balance for use of the services is solely the value recorded in our systems (backend). Figures shown in the app’s user interface (frontend) are for information only and may temporarily differ from the actual balance due to technical delays (e.g., synchronisation or caching issues). The Provider is not liable for losses arising from reliance on an incorrect display of the Credit balance unless the error is due to the Provider’s wilful misconduct or gross negligence.

4. Ownership and Protection of the Platform

4.1 Platform Content

All rights (including copyright, trade mark, and database rights) in the app, source and object code, user interfaces, graphics, logos, domains, and all other content developed by us remain exclusively with the Provider or its licensors.

4.2 User’s Right of Use

Each registered User is granted a personal, non-exclusive, non-transferable, revocable licence, limited to the term of the contract, to use the Platform Content in accordance with these ToS. No further rights are granted.

4.3 Third-Party Technologies / Open Source

The Platform uses third-party components (e.g., AI models, TTS engines, cloud libraries). Their licence terms form part of the contract; upon request, we will provide an up-to-date list. Open-source components remain subject to their respective licences; Section 2 applies in addition.

4.4 Prohibited Acts in Relation to the Software

(a) Reverse engineering, decompilation, or circumvention of technical protection measures of the Platform is prohibited unless mandatory law provides otherwise under Sec. 69e German Copyright Act (Urheberrechtsgesetz, UrhG).

(b) Automated extraction (“scraping”) or copying of substantial parts of Platform databases is prohibited (Sec. 87b German Copyright Act (Urheberrechtsgesetz, UrhG)).

4.5 Feedback

If a User submits suggestions, ideas, or error reports (“Feedback”), the User grants the Provider a right that is unrestricted in time, territory, and content to use, edit, and integrate the Feedback into its own products or services free of charge. No obligation to pay remuneration arises.

5. Rights and Obligations of Users

5.1 User’s operating licence to the Provider

For the purpose of providing the contractual services, the User grants the Provider a non-exclusive, worldwide, royalty-free and sub-licensable right to use the User’s Input for the term of the contract. This licence is strictly limited to the following technically necessary acts:

(a) storing, reproducing and backing up the Input on the servers of the Provider or its technical service providers;

(b) technically processing, transforming and converting the Input. This includes, in particular, automated, AI-assisted parsing and structuring, optional translation, and conversion into intermediate formats required for audio generation (e.g., EPUB), to the extent necessary for conversion into an audio file, for quality assurance, or for error correction;

(c) transmitting the Input, to the extent required for audio generation, to the AI service providers used (e.g., Google, OpenAI) as subcontractors.

5.2 Rights in user-generated content (Private Audio)

(a) Rights holder. The User retains all rights in their Input. All rights in the audio files generated for the User from that Input (Private Audio), including any neighbouring/related rights as a phonogram producer (Sec. 85 German Copyright Act (Urheberrechtsgesetz, UrhG)), insofar as such rights may arise, vest from the outset and exclusively in the User. The Provider acts solely as a technical service provider and asserts no ownership or usage rights in the Private Audio.

(b) User’s right of use. Subject to full payment of the Credits due for generation, the User may download their Private Audio and use, edit and exploit it for any private and commercial purposes.

5.3 Licence grant for Shared Content

(a) Licence to the Provider. When the sharing function is activated, the User grants the Provider a non-exclusive, worldwide, royalty-free, transferable and sub-licensable right to use the User’s Shared Content (both text and audio) for the duration of the sharing. This licence includes, in particular, the rights to store, reproduce, make publicly available (Sec. 19a German Copyright Act (Urheberrechtsgesetz, UrhG)), broadcast, distribute, advertise and make the content available to other users under the streaming subscription.

(b) Right for other users. Other users with a valid subscription receive, by virtue of the sharing, a simple, non-transferable right limited to the app to stream and read the shared content. Any download, copying or other use beyond this is prohibited.

(c) Creator’s own use. The User who shared the content retains the right to stream and read their own shared content at any time via the Platform, irrespective of whether they themselves have an active subscription. This right exists for as long as the Platform is operated and provision remains reasonable for us.

(d) No remuneration. The licence under lit. (a) is granted free of charge. The User has no claim to participate in the Provider’s subscription revenues. The Provider reserves the right to introduce an optional remuneration model (“Creator Programme”) under separate terms in the future.

5.4 Right of use in library content (Public Audio)

(a) Limited right of use. For audio files generated from Public Texts, the User receives a simple, non-transferable right to stream and listen to such files within the Platform. Downloading or any further use, especially commercial exploitation, is prohibited unless expressly permitted otherwise.

(b) Subscription requirement. The right of use under Sec. 5.4(a) is strictly tied to an active, paid subscription and expires upon its termination, including with respect to any Public Audio the User previously generated themselves.

(c) Special rule for substantial personal contribution. The Provider may, at its discretion, continue to grant listening access to a specific Public Audio to Users who have contributed substantially to its generation even after their subscription ends. There is no legal entitlement to this.

5.5 General duties, warranties and usage restrictions

(a) Rights warranty and indemnity. The User warrants and guarantees that they hold all rights necessary in the Input to grant the licences under Sec. 5.1 and, in the case of sharing, under Sec. 5.3, and that their Input, as well as its processing and public availability as Shared Content, does not infringe third-party rights (in particular copyright, trade mark or personality rights). The User will indemnify the Provider against all third-party claims (including reasonable legal defence costs) arising from a culpable breach of this warranty.

(b) Content and usage prohibitions. The User must not use the Platform for unlawful or abusive purposes. In particular, it is prohibited to:

- use or create content that violates applicable law (e.g., criminal law, data protection law) or public morals;

- generate hate speech, discrimination, glorification of violence, or deliberately disseminate false information;

- circumvent technical protection measures of the Platform (e.g., API limits) or geographic access restrictions (geoblocking).

- use the Voice Cloning feature to impersonate another person without their consent or otherwise mislead others as to the identity of a speaker (see Sec. 5.6);

- to use the Output (in whole or in part) or any other audio/text/metadata originating from the Platform to train, develop, improve, test, or build competing speech/TTS/generative-AI services or models.

(c) Compliance with third-party policies.

Regardless of which AI service is used in any given case, the following policies must be strictly complied with:

– Google: „Generative AI Prohibited Use Policy“;
– OpenAI: „Usage policies“.
In the event of any inconsistency between those policies, these Terms, or other rules, the stricter provisions shall apply.

(d) Duty to review the Output. Before any further use, the User must independently verify the generated Output for factual accuracy and legal admissibility. The Provider gives no warranty for the absence of errors or any other particular qualities of the Output, subject to the mandatory liability provisions in Sec. 7 of these ToS.

5.6 Voice Cloning (Voice Samples and Cloned Voices)

(a) Limited licence to the Provider. By submitting a Voice Sample, the User grants the Provider a non-exclusive, worldwide, royalty-free and sub-licensable right for the term of the contract to: (i) store and back up the Voice Sample on our network storage; (ii) process it to create a Cloned Voice; and (iii) use the Cloned Voice solely to render audio Output for the User and to operate, maintain and secure the service. The Provider does not use Voice Samples or Cloned Voices to train or improve generally available voice models beyond the User’s own Cloned Voice.

(b) Ownership. The User retains all rights in the Voice Sample. No ownership in the User’s voice is acquired by the Provider. Rights in audio generated using a Cloned Voice are governed by Secs. 5.2 and 5.4.

(c) Consent & warranties. The User warrants that each Voice Sample either features their own voice or that they hold the speaker’s explicit consent for voice cloning and for the uses described in this Sec. 5.6, and that they will confirm this via the in-product checkbox. Upon request, the User will provide evidence of such consent and will indemnify the Provider pursuant to Sec. 5.5(a) for breaches of this warranty.

(d) Usage restrictions. The Voice Cloning feature must not be used for harmful, illegal or malicious purposes, including (without limitation) impersonation without consent; fraud, harassment or deception; or violations of personality, privacy or name/publicity rights (Allgemeines Persönlichkeitsrecht). Sec. 5.5(b) applies in addition.

(e) Deactivation. The User may delete a Cloned Voice at any time in the app; this does not affect Private Audio or Public Audio already generated.

6. Data Protection

Protecting your personal data is our top priority. We process your data solely on the basis of the applicable statutory provisions, in particular the General Data Protection Regulation (GDPR).

For detailed information on which data we collect, for what purposes and on what legal basis we process it, how long we store it, to which third parties (e.g., cloud providers, AI service providers) we transfer it, and what rights you have as a data subject, please refer to our separate Privacy Policy.

The Privacy Policy forms an integral part of the contract and is available at https://tontaube.ai/privacy-policy.

7. Liability and Indemnification

7.1 Unlimited liability.

The Provider is liable without limitation for damages caused by intent or gross negligence, and in the event of injury to life, body or health.

7.2 Liability for slight negligence (cardinal duties).

In the event of slightly negligent breaches of essential contractual duties (duties whose fulfilment is a prerequisite for the proper performance of the contract and on the observance of which the User regularly relies), the Provider’s liability is limited to the damage typical for the contract and foreseeable.

7.3 Exclusion of liability for simple negligence otherwise.

Where none of the cases listed in Sec. 7.1 applies and no cardinal duty is affected, the Provider is not liable for simple negligence. Liability for indirect or consequential loss or for loss of profits is excluded, subject to mandatory laws, in particular the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG), fraud, expressly assumed guarantees, and the statutory warranty provisions for digital products (Secs. 327 et seq. BGB).

7.4 Deviations, omissions or mis-stress in TTS output.

The AI-based text-to-speech (TTS) function generates audio files fully automatically from texts provided by the User as well as from content offered by the Platform. Due to the probabilistic nature of the models, deviations, omissions or mis-stress may occur; error-free congruence is not owed. The Provider is not liable for resulting damages, except in cases of intent or gross negligence and in the event of injury to life, body or health. Mandatory claims under Secs. 327 et seq. BGB remain unaffected.

7.5 Errors in automated text processing.

The pre-processing of texts described in Sec. 2.2(a) (in particular parsing, structuring of content from various file formats and translation) is fully automated and AI-based. Due to the complexity and probabilistic nature of the AI systems used, deviations, the omission of passages or other changes compared to the original Input may occur. A completely error-free and identical transfer of the content from the Input is therefore not owed. The Provider is not liable for damages arising from such deviations in the processed text, except in cases of intent, gross negligence and in the event of injury to life, body or health. The mandatory warranty provisions for digital products (Secs. 327 et seq. BGB) remain unaffected. This complements the User’s duty to review under Sec. 5.5(d).

7.6 Liability for user and AI content.

(a) The Provider offers a hosting service within the meaning of Art. 3(g) Digital Services Act (DSA). Third-party content is processed technically but not adopted editorially; statutory duties to review, block and remove, as well as duties for AI content generated by the Provider itself, remain unaffected.

(b) The Provider maintains a notice-and-action procedure under Art. 16 DSA and an internal complaints-handling system under Art. 20 DSA. Upon obtaining specific knowledge of an infringement, the relevant content will be removed or blocked without undue delay; Sec. 8 German Digital Services Act (Digitale-Dienste-Gesetz, DDG) remains unaffected.

(c) Liability for third-party content arises only under the conditions of Art. 6 DSA or Sec. 7 DDG if the Provider fails to act without undue delay after obtaining knowledge.

(d) The Provider gives no warranty as to the lawfulness, accuracy or completeness of third-party content; mandatory claims under Secs. 327 et seq. BGB remain unaffected.

(e) The Provider may remove third-party content or suspend user accounts in cases of repeated or obvious violations of applicable law or these ToS; the User may appeal via the complaints procedure under Art. 20 DSA.

7.7 Force majeure.

The Provider is not liable for damages resulting from force majeure such as natural disasters, war, strikes, cyber-attacks or failures of communications networks outside the Provider’s sphere of influence. Both contracting parties are obliged to mitigate the effects of such events as far as possible.

7.8 Availability.

The Provider endeavours to ensure high availability of the services but does not guarantee uninterrupted access. Planned maintenance windows will be announced in advance where possible. Consumer rights under Secs. 327e and 327f BGB remain unaffected.

7.9 Public-domain content.

The public-domain texts provided by the Provider have been carefully reviewed. As the legal situation may vary by territory, the Provider gives no warranty for worldwide public-domain status. Where an infringement is credibly substantiated, the Provider will remove the affected content without undue delay. Before any further exploitation, Users must verify whether the underlying work is in fact in the public domain in their country.

7.10 Indemnification by the User.

The User shall indemnify and hold the Provider harmless from and against all third-party claims arising from infringements attributable to the User. The indemnification covers reasonable costs of legal defence and enforcement.

7.11 Third-party platform clause (Apple / Google).

Apple Inc. and Google LLC are third-party beneficiaries of these ToS and may enforce their compliance. The Provider alone is responsible for maintenance, support, and all content- and liability-related matters. Apple and Google assume no liability in this respect.

8. Termination of the User Account

8.1 Termination by the User

You may request deletion of your account at any time via the delete function in the app or by e-mail to support@craitech.io. Once the deletion process is initiated, you will be logged out automatically and all “Shared Content” you have published will be removed from the public library without delay and will no longer be accessible to other users.

Your account will first be deactivated. If you do not log in again within two weeks, we will permanently delete your account and all associated data, subject to Sec. 8.3. Any technically necessary residual processes for final deletion from our systems will be completed within a further two weeks at the latest.

An ongoing in-app subscription does not end automatically as a result of account deletion. A subscription must be cancelled separately in your store account (Apple or Google). Fees already paid for the current billing period will not be refunded.

8.2 Suspension or Termination by the Provider

The Provider may suspend or delete an account if the User breaches these ToS or applicable law. In cases of serious breaches (e.g., unlawful use or circumvention of technical protection measures), deletion will take place without notice. Upon final deletion, any paid subscription ends; a refund of amounts already paid will be made only to the extent required by mandatory law. If the account is only suspended, the subscription continues until it is cancelled in the ordinary course.

8.3 Consequences of Account Deletion

(a) Upon effective termination and final deletion of your user account, your right to use the Platform and the services ends.

(b) You will lose access to all content linked to your account, including all Private Audio you created and any Public Audio, unless a special rule applies under Sec. 5.3(c) or Sec. 5.4(c).

(c) Any remaining Credit balance expires without replacement. Payout or refund is excluded unless mandatory law provides otherwise.

(d) The handling and deletion of your personal data after the end of the contract are governed by statutory provisions and are explained in detail in our Privacy Policy.

8.4 Repeat-Infringer Policy

In accordance with 17 U.S.C. § 512(i) and Art. 16 Digital Services Act (DSA), the Provider maintains a documented repeat-infringer policy. Accounts that receive three or more substantiated copyright complaints within a twelve-month period may be permanently suspended or terminated. Fees already paid will not be refunded in such cases.

9. Amendments to these ToS

The Provider may amend these ToS where there is an objective reason. For example, to reflect statutory requirements, technical developments, or changes in the scope of services. We will inform you of material amendments at least 30 days before they take effect, in text form (e-mail or in-app notice).

You may object to the amendment in text form within 14 days after receipt of the notice. If you object in due time, the usage relationship ends upon the entry into force of the new ToS. If you do not object, the new ToS are deemed accepted. Amendments that are solely to your benefit or are required by mandatory law take effect immediately.

10. Contact

Please address any questions or concerns to support@craitech.io.

11. Copyright Complaints

The Provider maintains a procedure for reporting and handling notices of potentially unlawful content, in particular copyright infringements, in accordance with the requirements of the Digital Services Act (DSA).

11.1 Central Contact Point (Single Point of Contact)

Notices concerning unlawful content pursuant to Art. 16 DSA as well as communications with authorities pursuant to Arts. 11 and 12 DSA must be addressed exclusively to our designated central contact point:

Cremer & Cremer Technologies UG (haftungsbeschränkt)
Herderstraße 22, 12163 Berlin, Germany
Email: copyright@craitech.io
Tel.: +49 30 81453513

11.2 Requirements for a Notice

To enable efficient processing, a notice must be complete and include at least the following information:

(a) A sufficiently reasoned explanation of why the content is considered unlawful.

(b) A precise indication of where to find the content online (e.g., the full URL).

(c) Your name and email address for further communication.

(d) A statement confirming that you are acting in good faith and that the information in your notice is accurate and complete.

We are unable to process incomplete notices.

11.3 Processing and Measures (Action)

Upon receipt of a coherent and sufficiently substantiated notice, the Provider will promptly block or remove the reported content. In accordance with Art. 17 DSA, we will inform the affected User of the measure taken and the reasons for it. The User will be provided with a copy of the notice, insofar as legally permissible.

11.4 Counter-Notice

Users whose content has been removed following a notice may object to the measure. A counter-notice must be sent to the contact point specified in Sec. 11.1 and include:

(a) Exact identification of the removed content and the location where it was accessible prior to removal.

(b) A statement that the User, in good faith, believes the removal or blocking resulted from a mistake or misidentification.

(c) The User’s full name, address and email address.

(d) A statement that the User submits to the jurisdiction of the courts at the Provider’s registered office (Berlin) and accepts service of proceedings from the notifying party.

If a formally proper counter-notice is received, we will forward it to the notifying party. If the notifying party does not provide proof within 14 working days that court proceedings have been initiated to clarify the legal situation, the Provider may, at its discretion, restore access to the content.

11.5 Abuse and Repeat Infringers

Repeated submission of manifestly unfounded notices may result in temporary suspension of the reporting system for the person concerned.

Accounts of Users who repeatedly and demonstrably infringe copyright (repeat infringers) may (following prior warning) be suspended or terminated in accordance with our policy set out in Sec. 8.4. There is no claim to a refund of fees already paid in such cases.

12. Final Provisions

12.1 Governing Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected (Art. 6 Rome I Regulation (Rom-I-VO)).

12.2 Venue

Consumers may bring actions either before the courts of their place of residence or at the Provider’s registered office in Berlin. Actions by the Provider against consumers must be brought at the consumer’s place of residence. For merchants (Kaufleute), legal entities under public law or special funds under public law, the exclusive place of jurisdiction is Berlin.

12.3 Alternative Dispute Resolution

Before initiating court proceedings, the parties will seek an amicable settlement (e.g., mediation), unless mandatory deadlines preclude this. Consumers may also use the EU online dispute resolution platform at https://ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in consumer arbitration proceedings before a dispute resolution body.

12.4 Export and Sanctions Compliance

Use of our services is subject to the applicable export control and sanctions regulations of the European Union, the Federal Republic of Germany, the United States, as well as the sanctions lists of the United Nations.

12.5 Blocked Countries and Persons

The service must not be used

- in or from countries subject to comprehensive economic or financial sanctions (currently including, inter alia, Belarus, Cuba, Iran, North Korea, Russia including Crimea, Donetsk, Luhansk, Zaporizhzhia and Kherson, Syria, Venezuela), and

- by persons, organisations or entities listed on EU, UN, US or UK sanctions lists (e.g., OFAC-SDN, EU-CFSP, UK-HMT).

The Provider expressly reserves the right to extend restrictions at any time to additional countries, territories, persons or organisations where necessary to comply with applicable export, financial or trade sanctions, embargoes, anti-terrorism or anti-money-laundering rules, or on the basis of our own compliance risk assessment. Users will be informed of any resulting service limitations in accordance with statutory requirements.

12.6 Additional Territorial Restrictions

In addition to the legally mandatory sanctions under Sec. 12.5, the Provider reserves the right, at its reasonable discretion, to restrict or block access to the services or parts thereof for Users in certain countries or territories. A legitimate reason exists in particular where:

(a) providing the service would involve unclear or unreasonable legal or regulatory risks (e.g., regarding data protection, copyright, laws similar to Germany’s Network Enforcement Act (NetzDG) or censorship requirements);

(b) technical compatibility or the security and integrity of our Platform cannot be ensured due to local conditions; or

(c) processing (e.g., payments) or operation (e.g., support) would involve a disproportionate economic or administrative burden.

The Provider is not obliged to disclose the specific reasons for such territorial restrictions unless required by mandatory law. Users’ rights already acquired (e.g., from ongoing subscriptions) will be taken into account within the limits of the law.

12.7 User Warranty and Geoblocking. The User warrants that

(a) they are not subject to any of the restrictions set out above;

(b) they will not use VPNs, proxies or similar technologies to circumvent territorial blocks or the Provider’s geoblocking measures or any statutory access restrictions (as well as restrictions to bypass local copyright law); and

(c) they will comply with all export, customs and sanctions regulations applicable to them.

12.8 Measures in Case of Breach. Where there is a reasonable suspicion of a breach of Secs. 12.4 to 12.7, the Provider may block or terminate access without prior notice and (where legally permissible) share information with competent authorities.

12.9 Precedence Clause

Only these ToS govern the use of our services. Conflicting or deviating terms and conditions of the User do not become part of the contract unless the Provider has expressly agreed to their validity in writing.

12.10 Severability

Should any provision of these ToS be wholly or partially invalid or unenforceable, the remainder of the contract remains effective. In place of the invalid provision, the statutory provisions apply (Sec. 306 BGB). The same applies to any gaps.